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PATRIOT GEN. LIFE INS. v. CFC INVESTMENT CO.

11 Mass. App. Ct. 857 (1981)

420 N.E.2d 918

PATRIOT GENERAL LIFE INSURANCE COMPANY vs. CFC INVESTMENT COMPANY.

Appeals Court of Massachusetts, Middlesex.

May 26, 1981.

Attorney(s) appearing for the Case

Roberta L. Paris for the plaintiff.

Richmond T. Edes for the defendant.

Present: HALE, C.J., BROWN, & KASS, JJ.

KASS, J.

When computer hardware and software supplied to the plaintiff, Patriot General Life Insurance Company (Patriot), by Asyst, Inc. (Asyst), no longer functioned, Patriot suspended monthly payments to the equipment lessor, CFC Investment Company (CFC). On the basis of the text of the equipment lease, as well as the factual circumstances, we hold that the equipment lessor is not liable for the malfunction of the computer equipment package, and that the equipment...

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